5. It shall be lawful for the Warden to appoint a deputy to act for the clerk as often as he shall be prevented by illness or other cause from acting in his office, and an entry of such appointment and the cause of the clerk’s absence shall be made in the minute book of the Court.

6. The Clerk of Court shall issue all summonses, warrants, and writs of execution, keep an account of all proceedings, take charge of and keep an account, in a book to belong to the Court, of all fees and fines payable or paid into Court, and of all moneys paid into and out of Court, adjourn the Court to any day he may deem convenient when from any cause a Court cannot be held on the day appointed, and shall do and perform all other acts and duties properly incident to the office of clerk.

7. The parties in every complaint, action, or proceeding shall appear and act personally or by a barrister or solicitor of the Supreme Court, and not otherwise, unless under special circumstances the warden permits any party to appear by an agent, not being a barrister or solicitor.

8. No officer of the Court shall, either by himself or by any partner or person in his employment, be directly or indirectly engaged as counsel, attorney, or agent for any party in any proceeding in the Court.

9. Every action shall be commenced by a complaint and summons in the form or to the effect in the Schedule hereto annexed.

10. In the complaint and summons there shall be set forth the christian and surname, and place of abode and calling, and description of the complainant, and likewise of the defendant; but when the christian and surname of the latter are not known, he may be designated by any name or names which he may have acquired by usage or reputation.

11. In every complaint and summons there shall be set forth briefly but distinctly and explicitly the ground or cause of complaint; and if there be more than one ground or cause of complaint, each shall be stated substantively, and consecutively numbered, and there shall also be set forth the recovery or relief claimed.

12. Such summonses may be issued against any defendant residing or being without the district within which the Court has jurisdiction, provided it clearly appear from the complainant that the cause of action is otherwise within the jurisdiction of the Court.

13. The service of any summons shall be by delivering a copy of the same to the defendant (or, if more than one, to each of them) personally; or if he cannot be found, by leaving such copy at his place of abode; or in case of co-partners, at the claim, station, or other place of business of the firm.

14. The summons may be served by any person whom the warden may authorise, and he shall by a certificate under his hand certify the time and place of such service, to be endorsed on the summons without prejudice to the warden taking proof thereof by oath if he think fit.

15. Either party may obtain from the Clerk of Court summonses to witnesses, to be served at the option of such party either by himself as his agent, or by the bailiff of the Court.

16. The parties shall be heard in open Court upon the day appointed, but the warden may adjourn the hearing of any cause in such manner and on such terms as to payment of costs or otherwise as to him may seem fit.

17. If the complainant do not appear at the time appointed, and good cause for his absence be not shown, the warden shall dismiss the complaint, and award a sum to the defendant as costs, or adjourn the hearing of the same.

18. If the defendant do not appear, the Court may either hold him as confessing the claim, and give judgment accordingly, or institute such inquiry into the cause of action as may be deemed necessary, and thereupon pronounce such decision as may be consistent with the ends of justice.

19. Every judgment entered up in pursuance of the verdict of assessors, shall have the same force and effect as if such judgment were entered in pursuance of the determination of the judgment of the Court alone.

20. A minute of every decision shall be entered by the warden, in a book to be kept for that purpose, and shall be signed by the warden or by the assessors, who concur in making such decisions, and no formal order shall be necessary, and a copy of such minute shall, on demand, be given to any of the parties interested therein.

21. All the costs of any complaint or proceeding shall be taxed by the Court, and shall be paid or apportioned between the parties in such manner as to the warden shall seem fit, but in default of any special direction, such costs shall abide the event of the action.

22. The costs of witnesses, whether they have been examined or not, may in the discretion of the warden be allowed, although they may not have been summoned.

23. The warden may make such order as he may think fit, concerning the times, and by what instalments, any sum of money for which judgment shall be obtained shall be paid; and all such money shall be paid into Court unless the warden shall otherwise direct.

24. The warden may at all times amend all defects and errors in any proceeding in this Court.

25. Where by reason of the death or unavoidable absence of the warden a Court cannot be held, the clerk of the Court shall adjourn the Court to such day as he may deem convenient.

SCHEDULE OF FORMS.

1. Complaint.

In the Warden’s Court of __ District, in the Province of Otago, New Zealand.

Be it remembered that upon the __ day of __, 18____, come before me the undersigned, warden of the Otago Gold Fields, in the said Province, A.B. (address, description, &c.), and complains against C.D. (address, description, &c.), defendant.

1. That (here set forth briefly but distinctly and explicitly the ground or cause of complaint, and if there be more than one ground or cause of complaint, state each substantively, numbering them 1, 2, 3, &c.)

Wherefore the complainant claims that the defendant be adjudged to (here state the nature of the claim or relief sought).

Stated before me at __ aforesaid, this __ day of __, 18____.

Warden.

2. Summons.

In the Warden’s Court of __ District, in the Province of Otago, New Zealand, A.B. (address, description) complainant, and C.D. (address, description) defendant.

1. That (here set forth briefly but distinctly and explicitly the ground or cause of complaint, and if there be more than one ground or cause of complaint, state each substantively, numbering them 1, 2, 3, &c., as in complaint). Wherefore complainant claims that the defendant be adjudged to (here state the nature of the claim or relief sought as in the complaint). These are therefore to command you the said C.D., in Her Majesty’s name, to be and appear on the __ day of __, 18, at __ o’clock in the __ noon, at the Court House at __, before me to answer to the said complaint and demand (in any case in which in the complaint an interim injunction is claimed, here insert), and in the meanwhile you are hereby enjoined to desist from (here state the matter of injunction distinctly) under the penalty, in case of disobedience of this injunction, contained in the Act.

Given under my hand and seal this __ day of __, in the year of our Lord 18, at __ in the district aforesaid.

Warden.